| Palmieri v Town of Babylon |
| Motion No: 2013-09562 |
| Slip Opinion No: 2014 NY Slip Op 66635(U) |
| Decided on March 17, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M170712
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
JOSEPH J. MALTESE, JJ.
|
2013-09562, 2013-09563 Paul Palmieri, appellant, v Town of Babylon, et al., respondents. (Index No. 37542/09)
| DECISION & ORDER ON MOTION |
Motion by the respondents (1) to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 8, 2012, on the ground that it was untimely taken, (2) to dismiss an appeal from a judgment of the same court dated August 8, 2013, on the ground that the appeal from the judgment does not bring up for review the issues determined by the order dated November 8, 2012, and (3) for leave to serve a notice of cross appeal from the judgment nunc pro tunc, or in the alternative, for a hearing to determine whether service of the notice of appeal was properly effected so as to commence their time to serve a notice of cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed as the order was superseded by the judgment; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., LEVENTHAL, CHAMBERS and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court